Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
DECISION ON WITHDRAWAL PURSUANT TO RULE 17 OF THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008
This appeal came before me following a grant of permission to appeal against a decision of First-tier Tribunal Judge Balloch who dismissed an appeal against a decision by the respondent to refuse to issue a residence card.
At the hearing before me the appellant sought to withdraw the appeal. Rule 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides that a party may give notice of the withdrawal of its case or part of it, subject to the consent of the Upper Tribunal. There is no provision for a party to withdraw the appeal before the Upper Tribunal. Having accepted that the purported withdrawal of the appellant's appeal is in effect a withdrawal of the appellant's case before the Upper Tribunal, I consented to that withdrawal.
The effect therefore, is that the decision of the First-tier Tribunal is to stand.
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.